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Synopsis As Introduced Amends the Illinois Vehicle Code. Provides that a person may not purchase a vehicle while that person's driving privileges have been revoked or suspended as a result of a conviction for driving under the influence of alcohol, drugs, or intoxicating compounds or a conviction for reckless homicide or in accordance with a statutory summary suspension under the Code, if the person has not been issued a driving permit. Provides that the offense is a Class C misdemeanor. Provides that an application for a certificate of title must contain a certification that the applicant's driving privileges have not been revoked or suspended for any of those reasons. Provides that a vehicle purchased in violation of these provisions may be seized and retained, sold, or disposed of by a law enforcement agency and sets procedures to be followed. Provides that a new or used vehicle dealer may not sell a vehicle to a person whose driving privileges have been suspended or revoked for any of those reasons. Provides that a lending institution accepting an application for a loan for the purchase of a vehicle must check for the applicant's social security number on a list of the social security numbers of persons whose driving privileges have been revoked or suspended for those reasons and have not been issued a driving permit. Provides that the lending institution must report to the Secretary of State the name of a loan applicant whose social security number is on the list and may not make a loan to that applicant for the purchase of a motor vehicle. Effective January 1, 2005.
Deletes everything after the enacting clause. Reinserts most of the provisions of the original bill. Deletes language providing that a vehicle purchased in violation of these provisions may be seized by a law enforcement agency under the Illinois Vehicle Code. Deletes language establishing requirements for a lending institution accepting an application for a loan for the purchase of a motor vehicle. Adds language amending the Criminal Code of 1961. Provides for seizure of a vehicle purchased in violation of the Vehicle Code provisions. Effective January 1, 2005.
House Committee Amendment No. 2 Provides that a person prohibited from purchasing a motor vehicle by the provision may seek an exception by filing a request for an exception with the Administrative Hearings Department of the Office of the Secretary of State. Provides that the Secretary may grant the exception upon a showing that the person's name must appear on the title and registration of a motor vehicle for financing purposes and that the motor vehicle is to be used as a primary means of transportation by another person. Provides that the Secretary shall adopt rules for implementing this provision. Provides that the sale of a motor vehicle to a person whose driving privileges are suspended or revoked for one of those violations is not a violation if the new or used motor vehicle dealer attempts to ascertain the status of the purchaser's driving privileges through the means established by the Secretary of State and is unable to do so because the information is unavailable due to a failure of the communication system established by the Secretary of State or if the information received from the Secretary of State is erroneous.
Fiscal Note (Secretary of State)
Estimated fiscal impact of $100,000 in the first year and $45,000 thereafter.
Fiscal Note (Office of the Secretary of State)
Estimated fiscal impact of $100,000 in the first year and $45,000 thereafter.
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